05 new notable regulations on maternity policies for employees

1. Maternity Benefit in Case the Mother is Ineligible

In cases where the mother is ineligible for maternity benefits upon childbirth but the father is eligible, a one-time allowance will be provided in accordance with Article 38 of the Social Insurance Law.

2. Paternity Leave Can Be Taken in Multiple Splits

Male employees who are contributing to compulsory social insurance for sickness and maternity, and whose wives have given birth, are entitled to paternity leave as stipulated in Clause 2, Article 34 of the Social Insurance Law. This leave can be taken in multiple splits but the total leave taken should not exceed the stipulated duration, and must fall within 30 days from the date the wife gives birth.

Illustration (source: internet)

3. No Recuperation and Rehabilitation Benefits if Returning to Work Before the End of Maternity Leave

Female employees who return to work before the end of their maternity leave, as stipulated in Article 40 of the Social Insurance Law, are not eligible for recuperation and rehabilitation benefits.

4. No Recuperation and Rehabilitation Benefits if Not Taking Leave

Employees who are eligible for recuperation and rehabilitation benefits but do not take the leave will not be entitled to these benefits.

5. Procedures for Settling Maternity Benefits

The procedures for settling maternity benefits are carried out in accordance with Article 101, 102 of the Social Insurance Law 2014 and Article 5 of ND 115/2015/ND-CP.

Additionally, this Draft also amends several provisions related to matters such as eligibility for pension benefits, pension levels, the average monthly salary used to calculate pension benefits, one-time allowances; cases eligible for monthly survivorship allowance; level of one-time survivorship allowance; …

View the full Draft amending Circular 59/2015/TT-BLDTBXH HERE.

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